2026-08373Proposed RuleWallet

EPA Approves Delaware's Factory Startup Pollution Exceptions

Published Date: 4/30/2026

Proposed Rule

Summary

The EPA is proposing to approve Delaware’s updated rules about pollution during startup, shutdown, and malfunction times at factories and power plants. These changes fix earlier problems and help keep the air cleaner without causing extra costs or delays. People and businesses in Delaware should know comments are open until June 1, 2026, so now’s the time to speak up!

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Analyzed Economic Effects

3 provisions identified: 0 benefits, 3 costs, 0 mixed.

No SSM Exemptions for Fuel-Burning Units

The EPA is proposing to approve Delaware's change to 7 DE Admin. Code 1104 so that the 0.3 lb/MMBtu, maximum two-hour average particulate limit for fuel-burning equipment (units ≥ 1.0 MMBtu/hr) applies at all times, by removing a state provision that could have allowed exemptions during startup and shutdown. Comments are due June 1, 2026.

Industrial Process Particulate Limits Apply Always

The EPA is proposing to approve Delaware's change to 7 DE Admin. Code 1105 so that the 0.2 grains per standard cubic foot particulate emission limit for industrial process operations applies at all times by removing a state provision that could have allowed exemptions during startup and shutdown. Comments on this proposal must be received by June 1, 2026.

SO2 and Sulfur Limits Must Be Met Always

The EPA is proposing to approve Delaware's change to 7 DE Admin. Code 1109 so that sulfur dioxide and sulfur-compound limits (for example, 0.5 lb/ton for acid mist and a 2,000 ppm maximum SO2 rate for sulfur recovery operations) apply at all times by removing a state provision that could allow exemptions during startup and shutdown. The public comment deadline is June 1, 2026.

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Key Dates

Published Date
Comments Due
4/30/2026
6/1/2026

Department and Agencies

Department
Independent Agency
Agency
Environmental Protection Agency
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